Order filed February 2, 2012
In The
Eleventh Court of Appeals
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No. 11-11-00117-CV
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IN THE INTEREST OF A.D.B., A.B.B., AND A.L.B., CHILDREN
On Appeal from the 118th District Court
Howard County, Texas
Trial Court Cause No. 47,012
O R D E R
The trial court entered an order terminating the parental rights of both parents of A.D.B., A.B.B., and A.L.B. Both parents filed an appeal. Pursuant to former Tex. Fam. Code § 263.405(d) (2007), the trial court conducted a hearing and found that the parents were indigent but that their appeals were frivolous. The father has filed a brief on the merits of the termination in which he implicitly challenges the frivolous finding. The mother has filed a brief challenging only the finding on frivolousness; she asks that we reverse the finding that her challenges to the legal and factual sufficiency of the evidence were frivolous. The Texas Department of Family and Protective Services has filed a brief conceding that, under In re K.E.L., No. 11-10-00144-CV, 2011 WL 2204071 (Tex. App.—Eastland June 2, 2011, no pet.) (mem. op.), and the authorities cited therein, the trial court’s frivolousness findings constitute an abuse of discretion and should be reversed. We agree. Accordingly, the mother is entitled to have an opportunity to file a brief on the merits of her sufficiency complaints.
Since the entire record has already been furnished by the court reporter and the district clerk and since the parents’ challenges to the sufficiency of the evidence are not frivolous, we request that the mother file an appellate brief addressing the merits. The brief is due to be filed in this court on or before February 22, 2012. If the Department wishes to respond to the mother’s brief, any such response is due in this court within twenty days after the date that the mother’s brief is filed.
PER CURIAM
February 2, 2012
Panel consists of: Wright, C.J.,
McCall, J., and Kalenak, J.